If you have a previous criminal arrest or conviction on your record, you know all too well how it can affect your finances, career, family life, and standing in the community. Having your criminal record sealed and hidden from public view, also known as expunged, can assist you with rebuilding your life and reputation. California expungements are possible, but they are also complicated. That’s why you should call the Law Offices of David S. Chesley. Our Los Angeles expungement attorneys know how to navigate the criminal justice system and get the expungement you deserve.
What is an Expungement?
An expungement under California Penal Code 1203.4 permits an individual to withdraw their plea of guilty or no contest and reenter a plea of not guilty. As a result, their case is dismissed. When an expungement is granted, it releases an individual from many of the adverse effects of a criminal conviction. An expungement completely erases the state or federal criminal record. The court then treats these convictions as if they never occurred.
Keep in mind that an expungement is not a legal pardon, as the President o state governors can only grant those. Courts or judges are the ones to issue expungements. Most expungements take place in state courts. Expungements in federal courts are rare. In fact, there are no federal statutes that address expungement at the federal level.
Expungement Eligibility in California
Generally, California statute allows an expungement for a misdemeanor or felony offense if the applicant completed probation successfully (felony probation or misdemeanor probation) and isn’t currently:
- Facing any criminal charges
- On probation for a criminal offense
- Serving a sentence for a criminal offense
The person applying for expungement must have successfully completed all of their probation, or they must have obtained an early termination of probation.
However, those who violated their probation may still be eligible for expungement in some situations. The court will consider the following factors when deciding if the applicant should receive an expungement:
- Their general performance while on probation
- The severity of their underlying conviction
- Their criminal history
Other evidence showing why the applicant deserves an expungement such as the opportunity to obtain a good job, supporting their family, and strong community ties. Having an experienced Los Angeles expungement lawyer on your side can make all the difference in if your probation violation will impact your chances of an expungement.
Expungement Ineligibility
A conviction can’t be expunged if the conviction involved a state prison sentence unless the crime is one for which the person could now instead be sentenced to jail. Additionally, there are also specific felony convictions that won’t ever be eligible for expungement, such as serious sex offenses with child victims. These include convictions for:
- Sodomy with a child
- Lewd acts with a child
- Oral copulation with a child
- Statutory rape (prohibits sexual intercourse between people who are 21 years and older and those younger than 16)
Even if the other conditions for expungement exist, those who have these types of convictions can’t ever seek or have the court grant them an expungement.
Steps for Obtaining a California Expungement
To obtain an expungement under Penal Code 1203.4, the following steps must be taken:
- Assess the case to determine if the applicant eligible for expungement
- Research the current and applicable laws
- File the correct documentation within the legally permitted timeframes
- Attend an expungement hearing in the assigned court
Filing the documentation must be done in a timely fashion. For instance, the applicant is legally required to give the prosecutor a minimum of 15 days’ notice before the hearing. This way, the prosecutor has a chance to evaluate the case and object if they find it necessary. When you hire a Los Angeles expungement lawyer at our firm, we can ensure that no deadlines are missed.
Obtaining an Expungement for PC 1203.42
Those desiring to be considered for expungement under Penal Code 1203.42 (owning or possessing firearms) will need to submit a petition to the court. The petition can be made:
- In person
- By a Los Angeles expungement attorney
- By a probation officer with written authorization
Once the court receives the petition, it may either:
- Allow the petitioner to withdraw their guilty or no contest plea
- If they were convicted after a plea of not guilty, set aside the guilty verdict
Either way, the court will subsequently dismiss the accusations against the petitioner. They are then released from all penalties from the offense just as a regular expungement under PC 1203.4.
The Benefits of an Expungement
A California expungement has many benefits. The most noteworthy ones include:
- Employers can’t discriminate against job applicants based on expunged convictions
- It’s may be easier to obtain a California professional license
- Expunged convictions can’t be used to discredit someone a court witness
- Avoid certain immigration penalties such as deportation
- Eligibility for federally funded public assistance and food stamps
- Better housing opportunities
- Better insurance and loan rates
- More opportunities for volunteer positions
If you are curious about how an expungement might benefit you or those you love, it’s best to speak with a skilled Los Angeles expungement attorney.
Do You Need Help with Past Criminal Records? Call an Experienced Los Angeles Expungement Attorney Today
It can be intimidating and nerve-wracking to have criminal charges on your record. It can also be daunting to be in the court system for a second time to have your criminal record permanently sealed. However, the expungement of a criminal conviction is an ideal way to put the past behind you and close a chapter on a past mistake.
Let the Law Offices of David S. Chesley handle the logistics of sealing your records and reduce your stress. Our experienced Los Angeles expungement lawyers are well-versed in filing the petitions and defending you in court. We will do whatever we can to get your record clean. If you or someone you know is interested in sealing criminal records in the state of California, contact our office today or call 800-755-5174.
